Introduction
WARELYPOS (also known as the “Software” or “Platform” or “Brand”) is a property fully owned by Plus 65 Marketing Pte. Ltd. (also known as the “Company”) registered under the Accounting and Corporate Regulatory Authority of Singapore, with the UEN of 201729553C. It is made known any statements made in this Terms and Conditions—showing WARELYPOS having ownership over properties be it intellectual or non-intellectual, rights, copyrighted material, inventions, strategies, patented and unpatented business materials, phrases and descriptions, reviews, names, logos and/or all forms of computer code/scripts—are wholly owned by the Company.
For any engagement with the Platform, you (the “user”) acknowledge that you have read, understood, accepted and agreed with the Terms and Conditions (also known as “the Agreement”) as defined below. The Terms and Conditions constitutes a legal agreement between you and Plus 65 Marketing Pte. Ltd. The Company reserves the right to release its liability from any users that does not agree to the Terms and Conditions of the Platform. The Company reserves the right to modify and update the Terms and Conditions or its policies relating to the Platform at any time as it deems fit without any prior notice written or unwritten. Such modifications and updates to the Terms of Conditions or its policies relating to the Application shall be effective upon the posting of the updated version on any of the existing platforms that the Company uses to reach out to its users and platforms for users to refer to. You agree that it shall be your responsibility to review the Terms and Conditions regularly and it is made known that you consent and agree to such changes.
Confidentiality
All information and data relating to the Company, its services, products, business strategies, intellectual property or other operations and its associated companies which are disclosed to you by or on behalf of the Company be it written or unwritten, are to be kept in confidence by you. You furthermore agree that you are only using such confidential information in order to use the Platform, and you are strictly not allowed to disclose such information to any third party nor use it for any other purpose.
The above obligations of confidentiality shall be excused only if you can show documented proof that the relevant information:
- made known in the public in the future, without any of your participation in it;
- was already in your possession prior to being the user;
- is required to be disclosed by law.
Finance
Upon creation of a user account on our platform, you are required to register your preferred payment method: a valid credit card or debit card, PayPal or any other forms of payment solutions that is available on the platform. You acknowledge and agree that the payment method that you provide has sufficient funds for your existing service in your account. In the event of a payment default, the Company reserves the right to cease all existing activities, upcoming service and existing services in the account. For the upcoming events that the users are supposed to organize but defaulted their payments which may potentially cause, but not limited to, unhappiness, complaints, bad experiences and any other form of negative outcomes that an event being cancelled can cause, you agree that the Company will not be liable for any risk and consequences and it is your utmost responsibility to prevent this from happening. You also agree that in the event of a payment default, your account will be flagged and there may be potential legal action or monetary fines that the Company may impose on you.
For services on WARELYPOS, you agree and acknowledge to expect different payment terms depending on the services requested. Payment conditions varies from full payment upon confirming, deposits to secure booking, security deposit to protect against damages or loss, payment upon completion according to the respective agreed terms by the company.
Warranties
You represent and warrant that you have the right, authority and capacity to use WARELYPOS and to abide by the Terms and Conditions. You further confirm that you shall conduct and perform your obligations herein in accordance with the highest standards and will not commit any act which will or may negatively affect the business integrity, reputation or goodwill of the Company. All the information which you provide shall be true, accurate, up-to-date and strictly only for your own sole, personal use. You acknowledge that you are not allowed to authorize and assign others or otherwise transfer your identity or user status to other people or entities. You are responsible for all results arisen from the services that you have engaged yourself in on WARELYPOS and bear the entire risk and consequences of the performance of your selection. When using the Platform, you agree to comply with all applicable laws of Singapore. The Terms and Conditions has been duly authorized by all necessary corporate action and constitutes a valid and binding agreement by you, enforceable against you in the event of a breach of Terms and Conditions.
Non-Circumvention
you agree not to hold Plus 65 Marketing Pte. Ltd., WARELYPOS and its partners, subsidiaries, employees, directors, shareholders, investors and any other entity or people that is affiliated with liable from any claim, demand and lawsuit made by anyone or any entity, due to your use of the service. In no event shall Plus 65 Marketing Pte. Ltd., WARELYPOS and its partners, subsidiaries, employees, directors, shareholders, investors and any other entity or people that is affiliated with be liable for, but not limited to any loss, injury, damage, claims, costs or expenses of any kind arising from anything unexpectedly unpleasant and not favourable to the user while using the services on WARELYPOS. By using the Platform, you acknowledge that you are strictly not allowed to make any direct contact with merchants on WARELYPOS and abuse the use of any information obtained from the customers for personal advantages or resulted in potential damages and losses financially and other forms of losses for the Company. You are not allowed to amend or change any of the clauses in this Terms and Conditions as long as you are the user on WARELYPOS. You agree that you shall be liable to any legal action or potential monetary or non-monetary fines by the Company for any breach of clauses in this Terms and Conditions.
Termination and Account Cancellation
You agree that Plus 65 Marketing Pte. Ltd., WARELYPOS, and its partners, subsidiaries, employees, directors, shareholders, investors reserves the right, in its sole discretion, may suspend or terminate your account or use of the platform immediately without prior notice and remove and discard any content within the Application, for any reason that is deemed unreasonable to the Company, including, but not limited to, believing you have violated the Terms and Conditions. You are allowed to terminate the Agreement at all times, but you also agree that by doing so, the prevailing consequences to the termination of the User Account can happen anytime without prior notice or reasons for terminations.
Release of Liability
Plus 65 Marketing Pte. Ltd., WARELYPOS and its partners, subsidiaries, employees, directors, shareholders, investors and any other entity or people that is affiliated with, will not be liable for any action made by you in reliance on information contained on WARELYPOS for any decision; direct or indirect damages or losses arising out of or relating to the use of WARELYPOS. Plus 65 Marketing Pte. Ltd., WARELYPOS and its partners, subsidiaries, employees, directors, shareholders, investors and any other entity or people that is affiliated with has no warranty of any kind, whether express, implied or statutory for the users on WARELYPOS.
Force Majeure
If the company (“Affected Party”) is unable to or is prevented from carrying out any of its obligations under any Agreement due to an event of Force Majeure, the Affected Party shall not be considered to be in breach of such Agreement, and shall be excused from performing such obligations for as long as the Force Majeure continues and for such reasonable period of time thereafter as may be necessary for the Affected Party to resume performance of such obligations, provided that the Affected Party shall (a) continue to perform as much of its obligations under such Agreement as reasonably practical in the circumstances; and (b) use all reasonable efforts to mitigate or alleviate the effects of the Force Majeure on the performance of its obligations under such Agreement.
The Affected Party shall give written notice to the other Party of the relevant Force Majeure as soon as reasonably practicable but in any event within seven (7) days after the date on which the Affected Party becomes aware of the occurrence of the Force Majeure. Such notice shall include full particulars of the Force Majeure and of the effect that such Force Majeure is having on the Affected Party’s performance of its obligations under the relevant Agreement. The Affected Party shall also notify the other Party as soon as reasonably practicable following the cessation of the Force Majeure.
Personal Data
You hereby agrees to the terms of the “WARELYPOS– Privacy Statement” (which may be accessed at http:/p65marketing.com/PrivacyStatement), which terms are deemed to be incorporated by reference into each Agreement, and you hereby consents to the Company seeking, collecting, processing, using and/or disclosing information and data relating to the services and/or related or similar information in accordance with the terms of the “WARELYPOS – Privacy Statement”.
General
The Terms and Conditions constitute the entire agreement between you and Plus 65 Marketing Pte. Ltd. Unique Entity Number (UEN): 202011275R) and govern your use of WARELYPOS, superseding any prior agreements between you and Plus 65 Marketing Pte. Ltd. with respect to the user. You also may be subject to additional terms and conditions when you use any of our affiliates or third party services, third party content or third party software. These Terms and Conditions are governed by the laws of the Republic of Singapore. Any dispute arising out of your use of WARELYPOS and these terms and conditions shall be referred to the Singapore courts and you irrevocably submit to the jurisdiction of the Singapore courts. The failure of Plus 65 Marketing Pte. Ltd. to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision. If any provision of these Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Service remain in full force and effect. You also agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of WARELYPOS or these Terms and Conditions must be filed within six (6) months, failure to file will result in that case to be forever barred.
A printed version of this agreement or any notice of the Agreement being given in electronic form will be admissible in legal and administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You also agree that Plus 65 Marketing Pte. Ltd. can (but is not obliged to) send you notices by email, regular mail, postings on the Site or any other mode of communication as the Company deems appropriate.
Plus 65 Marketing Pte. Ltd. reserves the right, at its sole discretion, to modify, withdraw or update to these Terms and Conditions and WARELYPOS, in whole or in part, at any time and from time to time without prior notice. This includes, without limitation, the right to introduce new, and change the then-current, fees, price plans, payment terms for any and all users. All modifications, withdrawal and/or updates will be posted on any form of platforms that the Company deems appropriate for the users to be notified or to refer and all such modifications, withdrawal and/or updates shall automatically be effective once they are posted on the Site or notification by electronic or conventional mail or such other means as determined by Delegate at its sole discretion. You are responsible for checking the Site for the most current terms and conditions. Each time you access or use the Site, you will be deemed to have agreed to be legally bound by the most current terms and conditions.
Last Updated on 20th April 2020